Ferri, Delia (2023) The Role Of Disability Studies in the Advancement of EU Law Scholarship. In: Interdisciplinary Research Methods in EU Law: A Handbook. Edward Elgar. ISBN 9781802205848

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Abstract

Over the past thirty years, disability has become a discrete strand of European Union (EU) law. The most significant legal developments have occurred in the past ten years, being propelled by the EU accession to the UN Convention on the Rights of Persons with Disabilities (CRPD), and enhanced by a line of case law of the Court of Justice (CJEU). In line with the advancement of an overall EU disability policy framework, the protection of the rights of persons with disabilities has been recently boosted by the enactment of new legislation, such as the Web Accessibility Directive and the European Accessibility Act. Against this background, the chapter discusses the extent to which academic contributions on EU disability law, while revolving around these key legal developments and case law, have built upon a copious and multifaceted disability studies scholarship. It argues that the rejection of the medical model of disability, the embracement of social model, and the current human rights approach to disability have supported critical appraisals of CJEU decisions and discursive reviews of the EU policy agenda. The chapter contends that disability studies have informed the whole academic debate on the concept of disability, and the discussion on the principles of equality and accessibility. Finally, the chapter posits that disability studies will enhance the transformative role played by the CRPD in the EU legal framework.

Item Type:	Book Section
Keywords:	EU law; disability studies; CRPD; academic debate;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	19169
Identification Number:	https://doi.org/10.2139/ssrn.4406745
Depositing User:	Delia Ferri
Date Deposited:	11 Nov 2024 14:51
Journal or Publication Title:	SSRN Electronic Journal
Publisher:	Edward Elgar
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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